OpenLegislation

Article 17 Participation and rules of origin

United Kingdom

Original text. Later amendments are not shown.

1.

Participation in the award of procurement or grant contracts financed under this Regulation shall be open to all natural or legal persons from Member States.

2.

Participation in the award of procurement or grant contracts financed under this Regulation shall be also open to all natural and legal persons from:

  • any country that is a beneficiary of the Instrument for Pre-Accession Assistancef1,

  • any non-EU Member State of the European Economic Area, and

  • any other third country or territory in cases where reciprocal access to external assistance has been established.

3.

In the case of measures taken in any third country considered a Least Developed Country according to the criteria laid down by the OECD, participation in the award of procurement or grant contracts shall be open on a global basis.

4.

In the case of Exceptional Assistance Measures and Interim Response Programmes referred to in Article 6, participation in the award of procurement or grant contracts shall be open on a global basis.

5.

In the case of measures adopted in pursuit of the objectives referred to in Article 4, participation in the award of procurement or grant contracts shall be open, and rules of origin shall extend, to any natural or legal person of a developing country or of a country in transition, as defined by the OECD, and to natural or legal persons of any other country eligible under the relevant strategy.

6.

Participation in the award of procurement or grant contracts financed under this Regulation shall be open to international organisations.

7.

Experts proposed in the context of procedures for the award of contracts need not comply with the nationality rules set out in this Article.

8.

All supplies and materials purchased under contracts financed under this Regulation shall originate from the Community or a country eligible under paragraphs 2 to 5.

9.

Participation by natural and legal persons from third countries or territories with traditional economic, trade or geographical links to the partner country may be authorised on a case-by-case basis. The Commission may, moreover, in duly substantiated cases authorise the participation of natural and legal persons from other countries, or the use of supplies and materials of different origin.

Annotations

Footnotes

f1

Council Regulation (EC) No 1085/2006 of 17 July 2006 establishing an Instrument for Pre-Accession Assistance (IPA) (OJ L 210, 31.7.2006, p. 82).